LAWS(P&H)-1981-10-64

PARKASH CHAND ETC Vs. KISHAN CHAND ETC

Decided On October 14, 1981
PARKASH CHAND ETC Appellant
V/S
KISHAN CHAND ETC Respondents

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs against the judgment and decree of the Additional District Judge, Rohtak, dated 8th May, 1970.

(2.) Briefly, the facts are that Gopal Dass took the property on lease from Mahabir Parshad plaintiff No. 1 and Sarup Singh father of plaintiff No. 2. Later, he executed a rent-note dated 28th August, 1951, in their favour for eleven months. He died on 7th January, 1965. It is averred that after the expiry of eleven months for which the property was leased, Gopal Dass became a statutory tenant and the said tenancy is not heritable. Consequently they filed a suit for ejectment. The defendants contested the suit and admitted that Gopal Dass was a statutory tenant. However, they pleaded that the statutory tenancy was heritable and, therefore, they became tenants under the plaintiffs. They further pleaded that they were thus not liable to ejectment. They also challenged the jurisdiction of the Civil Court to pass an order of ejectment.

(3.) The trial Court held that the defendants became tenants after the death of Gopal Dass as they inherited his rights. It further held that the Civil Court had no jurisdiction to try this case. Consequently, it dismissed the suit. In appeal, the lower appellate Court affirmed the finding of the trial Court that the defendants inherited the tenancy rights. However, it reversed its finding regarding jurisdiction and held that the Civil Court had the jurisdiction to try the suit. In view of the aforesaid findings, it dismissed the appeal. The plaintiffs have come up in second appeal to this Court.